Auction Terms & Conditions
All bid prices (hammer price means the price at which a lot is sold to the purchaser) will be subject to a Buyer's Premium payable by the purchaser of 20% of the bid price. The buyer's premium is added to your successful bid this total equals the total purchase price. When the auction ends, the highest bidder will have purchased the offered lot. This purchase is subject to all the terms and conditions set forth herein.
At the conclusion of the sale, all winning bidders shall pay by credit card through AuctionZip's WePay for the total purchase price of all items purchased during the sale. For any special payment arrangements, questions, or concerns please contact our office at least 72hours prior to the sale.
NOTICE OF END OF SALE, PAYMENT & SHIPPING- ALL ITEMS FOR THIS SALE ARE LOCAL PICK UP ONLY!! THERE WILL BE ABSOLUTELY NO SHIPPING! Auction staff will NOT be available to help with moving or loading items. Please bring plenty of help.
Pick Up for this sale is Monday January 30, 2023 from 11 AM to 6 PM at OVMC, 2000 Eoff Street, Wheeling, WV 26003.
After the sale has ended; the auctioneer will notify the winning bidder via email that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
Any item/items not paid for and/or not picked up during the above mentioned times will be forfeited and no refunds will be given. If you have any questions about pick up, or special requests regarding pick up please contact Frio & Stack Auction Service 72 hours prior to the end of the auction.
BUYER'S PREMIUM, TAXES AND DUTIES- If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
Bidders must be at least 21 years of age to participate or register in the auction.
Any bidders participating or registering for the auction agrees to be bound by and accept these terms and conditions. Any bidder who is not in good standing with Frio & Stack Auction Service may by disqualified or declined with such determination made by Frio & Stack Auction Service in its sole and unlimited discretion at any time prior to, during, or after the close of the auction.
Frio & Stack Auction Service will be held harmless in the event of any technical difficulties resulting in Frio & Stack Auction Service's inability to track prebids prior to the auction and/or online bids the day of the auction. All best efforts will be made to ensure that all online bids are acknowledged.
Bidder/Buyer is aware and responsible for all bids made (bid amounts & lot number).
Special notice-no employee, other than the auctioneer, is authorized to alter these terms.
Upon registering to bid, all persons acknowledge having full knowledge of these terms and agree to be bound thereby. Bidders shall be held liable under these terms and conditions of the sale.
The auctioneer reserves the right to add one or more to the following terms and conditions of the sale: Condition of article sold- the Auctioneer shall not be responsible for the correct description, genuineness, authenticity, or defect in any lot, and makes no warranty in connection therewith. No sale will be set aside nor allowance made on account of any incorrections, error in cataloging, or any imperfections not noted. No deduction shall be allowed for damaged articles, since all goods are exposed for public exhibition by viewing the picture(s) and sold "AS IS" and without recourse. Any questions regarding any item up for sale need to be brought to Frio & Stack Auction Service's attention prior to the start of the sale.
Bidder and Frio & Stack Auction Service agree to mediate any dispute or claim arising between them out of this auction or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally between the parties involved. If, for any dispute or claim to which this paragraph applies, any party commenced an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney's fees, even if they would so otherwise be available to that party in any such action. Any litigation resulting from this sale or any resulting transaction will be conducted in the state of West Virginia in the county of Ohio.
Claims- No claims will be allowed after removal or shipment of goods.
Responsibility for non-delivery- The auctioneer shall not, in any event, be liable for non-delivery for any matter or thing to any purchases of any lot other than for the return to the purchaser of the deposit or sum paid to the auctioneer on said lot, should the purchaser be entitled thereto.
Samples- In every case where samples of the lots are shown, these samples, to the best of our belief, are true and fair, but bidders are cautioned that they must make examinations of lots before the sale and no allowance will be made on account of any difference between the sample and lot. The location of every lot is obtainable from the auctioneer and it is the duty of the purchasers to make examination before the sale. In case of lots sold by description, the information has been obtained from reliable sources and is believed to be correct, but cannot be guaranteed.
Agency- The auctioneer is acting as agent only and is not responsible for the acts of his principals.
Special Terms of Sale- Please contact Frio & Stack Auction Service for any payment or lot specific questions.
Any item/items not paid for and not picked up by the end of the specified time period will be forfeited and no refunds will be given. If you have any questions about pick up, or special requests regarding pick up please contact Frio & Stack Auction Service 72 hours prior to the end of the auction.
THE WINNING BID- The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
BUYER'S PREMIUM, TAXES AND DUTIES- If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
COPYRIGHT- All material and content as provided by Frio Stack & Associates is protected by copyright and similar rights. You cannot use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
EXCLUSIONS AND LIMITATIONS- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
Shipping Terms
ALL ITEMS FOR THIS SALE ARE LOCAL PICK UP ONLY!! THERE WILL BE ABSOLUTELY NO SHIPPING! Auction staff will NOT be available to help with moving or loading items. Please bring plenty of help.
Pick Up for this sale is Monday January 30, 2023 from 11 AM to 6 PM at OVMC, 2000 Eoff Street, Wheeling, WV 26003.
Any item/items not paid for and/or not picked up during the above-mentioned times will be forfeited and no refunds will be given. If you have any questions about pick up, or special requests regarding pick up please contact Frio & Stack Auction Service 72 hours prior to the end of the auction.
